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66-2,121. Railroad-highway crossing signs; specifications. Every railway corporation shall cause railroad-highway crossing signs in the form of a crossbuck to be erected, well supported by posts or otherwise, alone or in combination with other protective devices, and constantly maintained on the right-hand side of the traveled public road or street, on each approach to the crossing when the same is crossed by the railway on the same level. Said railroad-highway crossing signs shall be elevated so that they may be easily seen by travelers. Each side of a railroad-highway sign shall be a white reflectorized background, with the words "RAILROAD CROSSING" in black lettering. When crossbuck signs are a part of a flashing light signal assembly, such signs and assemblies shall conform to the manual and specifications adopted by the secretary of transportation pursuant to K.S.A. 8-2003. If any such crossing consists of two or more tracks, including sidings, the number of tracks shall be indicated on an auxiliary sign of inverted T-shape, mounted below the railroad-highway crossing sign. Said auxiliary sign shall be of white reflectorized background, with black lettering. This section shall not apply to streets in cities, unless the railway corporation shall be required to put up such railroad-highway crossing signs by the governing body of such city, or the officer thereof having charge of such streets.

History: G.S. 1868, ch. 23, § 61; R.S. 1923, 66-2,121; L. 1975, ch. 343, § 1; L. 1980, ch. 203, § 1; April 4.

Cross References to Related Sections:

Powers of certain cities concerning grade crossings, see 12-1633, 12-1634, 13-1903, 13-1904.

Crossings, approaches and gates, see 66-227 through 66-231b.

Crossings, gates and fences, see chapter 66, article 3.

Construction, improvement, reconstruction and maintenance of grade crossings, see 68-414.

Elimination of grade crossings, see 68-509.

Law Review and Bar Journal References:

"Railroads—What Constitutes an 'Adequate Safeguard' at Crossing," Timothy Chambers, 15 W.L.J. 185, 188 (1976).

Survey of tort liability, Patty Griffin and Harold J. Pickler, 15 W.L.J. 397, 398 (1976).

Attorney General's Opinions:

Obstruction of highways and streets by railroad equipment; time limitation. 94-83.

CASE ANNOTATIONS

1. Crossing signs need not extend all the way across highway. Heinen v. Atchison, T. & S.F. Rly. Co., 125 Kan. 612, 266 P. 35.

2. Purpose of signs is to warn against approaching trains. Bledsoe v. M.-K.-T. Rld. Co., 149 Kan. 741, 742, 745, 746, 748, 90 P.2d 9.

3. Applied; wrongful death action; duty of railroad to erect crossbuck signs on both sides of track under this section and 8-510. Waits v. St. Louis-San Francisco Rly. Co., 216 Kan. 160, 161, 174, 175, 176, 531 P.2d 22.


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